Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34091 of 2013 Applicant :- Shakti Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Kaustubh Srivastava,Brijesh Sahai,Kandarp Srivastava Counsel for Opposite Party :- Govt. Advocate
Hon'ble Sudhir Agarwal,J.
1. Called in revise. None appeared on behalf of applicant. Learned A.G.A. is present for State. However, I myself have perused the record.
2. The present bail application has been moved by the accused-applicant for enlarging him on bail in Case Crime No. 538 of 2012, under Sections 147, 148, 149, 302, 452, 506 I.P.C. and 3(2)5 Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, Police Station Inchauli, District Meerut.
3. It is stated in the affidavit accompanying to bail application that as per statement of the wife of the deceased Smt. Rajesh, the deceased was shot dead by co-accused-Shakti Singh. There is no motive for committing the murder of deceased against accused applicant. The motive goes against co-accused-Shakti Singh whose father was allegedly murdered by the deceased-Sanjay and the accused applicant has been falsely implicated in this case due to partybandi of the village. The case of the accused applicant is similar to that of the case of co- accused-Ashok Kumar and Sachin who have been granted bail by this Court in Crl. Misc. Bail Applications No.30144 of 2012 and 32203 of 2012, decided on 05.02.2013. The accused applicant is in jail since 22.08.2012 so he should be enlarged on bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
7. Let applicant, Shakti Singh, involved in Case Crime No. 538 of 2012, under Sections 147, 148, 149, 302, 452, 506 I.P.C. and 3(2)5 Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, Police Station Inchauli, District Meerut be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
9. It is made clear that since this application was filed in 2013 and has been listed before this Court in 2019 and none is able to give any information about present status, it is provided that in case trial has already concluded or there is any other happening on account whereof this application has rendered infructuous, it is made clear that in such case this order shall not have any legal consequence and this application shall be deemed to have been rejected.
Order Date :- 28.1.2019 AK